“How clear is clear?” asked Justice Antonin Scalia, famously. On Friday, the Supreme Court made absolutely clear that Chevron is dead. Judicial deference to agency interpretations of statutory ambiguities is no longer the law...more
The US Army Corps of Engineers (USACE) recently issued a proposed rule (the Proposed Rule) that, if finalized, will change the regulations applicable to the agency’s compliance with the National Historic Preservation Act...more
Two recent developments may have meaningful impacts on the implementation of Section 7 of the Endangered Species Act (ESA). First, the DC Circuit Court of Appeals issued an opinion in Maine Lobstermen’s Association v....more
On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act. The law increased the debt ceiling and, among other things, amended the National Environmental Policy Act (NEPA). NEPA is a bedrock environmental...more
On January 9, 2023, the Council for Environmental Quality (“CEQ”) published interim National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change (hereafter, “guidance” or “GHG...more
1/10/2023
/ Climate Change ,
Department of Environmental Quality ,
Disclosure Requirements ,
Environmental Impact Statements ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Natural Gas ,
NEPA ,
New Guidance ,
Pipelines ,
Pollution Control
On December 30, 2022, the Environmental Protection Agency and the United States Army Corps of Engineers announced their finalization of the agencies’ redefinition of the Clean Water Act’s “waters of the United States” phrase,...more
On March 24, 2022, the Department of the Army and the U.S. Army Corps of Engineers (“Corps”) (collectively “Army”) announced their intent to publish a Notice (the “Notice”) in the Federal Register initiating a formal review...more
On January 5, 2022, the United States Army Corps of Engineers (USACE) announced that Approved Jurisdictional Determinations (AJDs) issued before August 30, 2021, are no longer valid for new permit decisions. USACE uses AJDs...more
Offshore carbon sequestration on the Outer Continental Shelf (“OCS”) could be just over the horizon. The Infrastructure Investment and Jobs Act (the “Infrastructure Act”), signed into law by President Biden on November 15,...more
On November 18, 2021, EPA and the Department of the Army released their anticipated proposed revision to the definition of “waters of the United States” (WOTUS) – which phrase governs the geographic reach of the Clean Water...more
On October 7, 2021, the White House Council on Environmental Quality (“CEQ”) released its notice of proposed rulemaking for revising its implementing regulations under the National Environmental Policy Act (“NEPA”). Long...more
The Navigable Waters Protection Rule was recently vacated by the Federal District Court of Arizona, and the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers have signaled their intent to treat the...more
9/8/2021
/ Arizona ,
Biden Administration ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Pending Legislation ,
Proposed Rules ,
US Army Corps of Engineers ,
Vacatur ,
Waters of the United States
Recent news that the Democrats flipped both U.S. Senate seats in Georgia’s run-off election means that the Democrats have enough votes to add the Congressional Review Act (CRA)[1] to the tools that could be used to advance...more
1/25/2021
/ Administrative Procedure Act ,
Arctic National Wildlife Refuge ,
Biden Administration ,
Bureau of Land Management ,
Clean Air Act ,
Clean Water Act ,
Congressional Review Act ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Hawaii Wildlife Fund v County of Maui ,
Liquid Natural Gas ,
Migratory Bird Treaty Act (MBTA) ,
Nationwide Permits (NWPs) ,
Navigable Waters ,
NESHAP ,
NPDES ,
Oil & Gas ,
PHMSA ,
Tax Cuts and Jobs Act ,
US Fish and Wildlife Service
One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more
1/6/2021
/ Appeals ,
Biden Administration ,
Bureau of Land Management ,
Clean Power Plan ,
Clean Water Act ,
Climate Change ,
Dakota Access Pipeline ,
Department of the Interior ,
Endangered Species ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Land-Use Permits ,
Migratory Bird Treaty Act (MBTA) ,
National Emissions Standards ,
Natural Resources ,
NEPA ,
Oil & Gas ,
Paris Agreement ,
Renewable Energy ,
SCOTUS
On July 16, 2020, the White House Council on Environmental Quality (“CEQ”) published its much anticipated final rule revising the regulations implementing the National Environmental Policy Act (“NEPA”). Since taking office,...more
On April 21, EPA published the revised definition of “Waters of the United States,” or “WOTUS,” in the Federal Register. WOTUS is a lynchpin phrase in the Clean Water Act that determines the jurisdictional reach of multiple...more
On January 23, EPA Administrator Wheeler announced the final rulemaking for the revised definition of “Waters of the United States,” a key phrase in the Clean Water Act that delineates the extent of federal jurisdiction over...more
1/27/2020
/ Clean Water Act ,
Clean Water Rule ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Groundwater ,
Jurisdiction ,
Navigable Waters ,
Regulatory Reform ,
Rulemaking Process ,
Waste Treatment Facilities ,
Waters of the United States ,
Wetlands